Offensive Weapons Table of Offences, Defences and Applicability (2024)

  • Possession
  • Possession / Corrosive Substance
  • Possession / Threat
  • Possession / Private Place
  • Possession / Private Place / Threat
  • Possession / Education Premises
  • Possession / Prisons
  • Possession / Crossbow
  • Sale, Manufacture or Hire
  • Sale / Corrosive Product
  • Sale / Corrosive Product / Seller Not Present at Time of Sale
  • Sale / Delivery of Corrosive Product
  • Sale of Flick Knife etc. to Person Under 18 Years
  • Sale, Manufacture or Hire of Flick Knife or Gravity Knife
  • Look After, Hide or Transport a Dangerous Weapon
  • Marketing a Knife
  • Under 18 Years Purchase of a Crossbow
  • Serious Violence Reduction Orders (SVRO) Made On Conviction (sections 342A – 342K Sentencing Act 2020) – Pilot in Merseyside, Sussex, Thames Valley and West Midlands

Possession

SECTION 1 PREVENTION OF CRIME ACT 1953

DEFENCE

APPLICABILITY

POSSESSION OF AN OFFENSIVE WEAPON

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • without lawful authority/reasonable excuse
  • had with you in a public place
  • article made or adapted for use for causing injury to the person, OR
  • intended by the person having it with him for such use by him or by some other person

Element/s not proven

that it was without lawful authority or reasonable excuse, the proof whereof shall lie on him.

Applies to any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him or by some other person.

Note - The court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.

SECTION 1A RESTRICTION OF OFFENSIVE WEAPONS ACT 1959

DEFENCE

APPLICABILITY

POSSESSION OF CERTAIN DANGEROUS KNIVES (AS AMENDED BY OWA 2019)

Max penalty – 6 months' imprisonment and/or fine

Prove

  • date and location
  • had with you
  • a flick knife, OR
  • a gravity knife

Element/s not proven

that the knife was possessed only as the operator of, or as a person acting on behalf of, a museum or gallery or that where the operator of, or person acting on behalf of, a museum or gallery is charged with hiring or lending a knife of this kind that there were reasonable grounds for believing that the person to whom it was lent or hired would use it only for cultural, artistic or educational purposes.

Applies to any knife which has a blade which opens automatically from the closed position to the fully open position OR from a partially open position to a fully open position by manual pressure applied to a button, spring or other device in or attached to the knife, sometimes known as a “flick knife” or “flick gun”; or any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”.

SECTION 139 CRIMINAL JUSTICE ACT 1988

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • had without good reason or lawful authority
  • article with blade or is sharply pointed or is a folding pocketknife with cutting edge that exceeds 3 inches

Element/s not proven

that he had good reason or lawful authority for having the article with him in a public place or that he had the article with him for use at work; for religious reasons; or as part of any national costume.

Applies to any article which has a blade or is sharply pointed except a folding pocketknife if the cutting edge of its blade is less than3 inches.

Note that “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.

Possession / Corrosive Substance

SECTION 6 OFFENSIVE WEAPONS ACT 2019

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • without good reason or lawful authority
  • had with you in a public place
  • a corrosive substance

Element/s not proven

that they had good reason or lawful authority for having the corrosive substance with them in a public place or that they had the corrosive substance with them for use at work.

Note that “corrosive substance” means a substance which is capable of burning human skin by corrosion; “public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise.

Possession / Threat

SECTION 1A PREVENTION OF CRIME ACT 1953

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • had with you in a public place
  • an offensive weapon
  • unlawfully and intentionally threatens another with the weapon
  • does so in such a way that there is an immediate risk of serious physical harm to that other person

Element/s not proven

Applies to any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

Possession / Private Place

SECTION 141 (1A) CRIMINAL JUSTICE ACT 1988

DEFENCE

APPLICABILITY

Max penalty – 6 months' imprisonment and/or fine

Prove

  • date and location
  • had with him
  • a weapon as shown in the third column
  • in private

Element/s not proven

that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.

that the weapon in question is one of historical importance.

that they possessed the weapon in question only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery or if the operator of, or a person acting on behalf of, a museum or gallery is charged with hiring or lending a weapon to which this section applies that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.

that they possessed the weapon in question for educational purposes only.

that they possessed the weapon in question only for either theatrical performances and allied rehearsal, the production of films or television programmes.

that the weapon was made before 1954 or was made at any other time according to traditional methods of making swords by hand.

that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which 3rd party insurance is held.

that his conduct was for the purpose only of making the weapon available for the purposes of use in religious ceremonies/for religious reasons/ re Sikh religious ceremony or other ceremonial event relating to a curved sword.

[See Criminal Justice Act 1988 (Offensive Weapons) Order 1988) for description of the weapons it applies to as set out below]: A knuckleduster, a swordstick, a handclaw, a belt buckle knife, a push dagger, a hollow kubotan, a footclaw, a shuriken aka a shaken or death star, a balisong aka a butterfly knife, a telescopic truncheon, a blowpipe aka a blow gun, a kusari gama, a kyoketsu shoge, a manrikigusari aka a kusari, a disguised knife, a stealth knife, a straight, side-handled or friction-lock truncheon aka a baton, a sword with a curved blade of 50 centimetres or over in length, a zombie knife aka a zombie killer knife or zombie slayer knife, a cyclone knife aka a spiral knife.

Possession / Private Place / Threat

SECTION 52 OFFENSIVE WEAPONS ACT 2019

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • in a private place
  • unlawfully and intentionally threatens another
  • does so in such a way that there is an immediate risk of serious physical harm to B
  • article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches OR
  • article made or adapted for use for causing injury OR intended for such use by him or by some other person OR
  • a corrosive substance

Element/s not proven

Applies to an article or substance if it is an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953, being any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

Applies to an article to which section 139 of the Criminal Justice Act 1988 applies being any article which has a blade or is sharply pointed except a folding pocketknife and to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

Applies to a corrosive substance.

Note that other charges may be more appropriate such as common assault, using threatening, abusive or insulting words or behaviour intending to cause a person to believe that immediate unlawful violence will be used against him or another, or with intent to cause a person harassment, alarm or distress, under section 4 and 4A of the Public Order Act 1986. Depending on the conduct, it may also be possible to bring a charge of attempted wounding or attempted Grievous Bodily Harm contrary to section 18 of the Offences Against the Person Act 1861. In addition, it may be possible to bring a charge of threat to kill under section 16 of the 1861 Act, which carries a maximum sentence of 10 years if tried on indictment.

Possession / Education Premises

SECTION 139A CRIMINAL JUSTICE ACT 1988

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Points to Prove

  • date and location
  • had without good reason or lawful authority
  • on education premises
  • article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches OR
  • article made or adapted for use for causing injury or intended for such use by him or by some other person

Element/s not proven

that he had good reason or lawful authority for having the article with him in a public place or that he had the article with him for use at work; for religious reasons; or as part of any national costume.

Applies to any article which has a blade or is sharply pointed except a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

Applies to any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

Possession / Prison

SECTION 40CA PRISONS ACT 1952

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • had without authority
  • article with a blade or is sharply pointed OR
  • article made or adapted for use for causing injury to persons; or intended by the person having it with him for such use by him or by some other person

Element/s not proven

that he reasonably believed that he had authorisation to be in possession of the article in question.

that in all the circ*mstances there was an overriding public interest which justified his being in possession of the article.

Any article that has a blade or is sharply pointed or any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984) being any article made or adapted for use for causing injury to persons; or intended by the person having it with him for such use by him or by some other person.

Possession / Crossbow

SECTION 3 CROSSBOWS ACT 1987

DEFENCE

APPLICABILITY

Max penalty – fine - level 3

Prove

  • date and location
  • under the age of eighteen
  • had with him a crossbow capable of discharging a missile, OR
  • had with him parts of a crossbow which together and without any other parts can be assembled to form a crossbow capable of discharging a missile
  • was not under the supervision of a person who is twenty-one years of age or older

Element/s not proven

that the person is authorised to do so by the chief constable for the purpose of determining whether an offence is being committed under section 1. A chief constable may authorise a person under the age of 18 to buy or hire, or attempt to buy or hire, a crossbow or a part of a crossbow only if satisfied that all reasonable steps have been or will be taken to ensure the person's safety, and avoid any risk to the person's welfare.

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

Sale, Manufacture or Hire

SECTION 141 CRIMINAL JUSTICE ACT 1988

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • manufactured, sold or hired OR
  • offered for sale or hire, exposed or had in his possession for the purpose of sale or hire, OR
  • lent or gave to any other person
  • a weapon in the third column of this table

Element/s not proven

that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.

that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.

that the weapon was made before 1954 or was made at any other time according to traditional methods of making swords by hand.

that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which 3rd party insurance is held.

that his conduct was for the purpose only of making the weapon available for the purposes of use in religious ceremonies/for religious reasons/ re Sikh religious ceremony or other ceremonial event relating to a curved sword.

[See Criminal Justice Act 1988 (Offensive Weapons) Order 1988) for description of the weapons it applies to as set out below]: A knuckleduster, a swordstick, a handclaw, a belt buckle knife, a push dagger, a hollow kubotan, a footclaw, a shuriken aka a shaken or death star, a balisong aka a butterfly knife, a telescopic truncheon, a blowpipe aka a blow gun, a kusari gama, a kyoketsu shoge, a manrikigusari aka a kusari, a disguised knife, a stealth knife, a straight, side-handled or friction-lock truncheon aka a baton, a sword with a curved blade of 50 centimetres or over in length, a zombie knife aka a zombie killer knife or zombie slayer knife, a cyclone knife aka a spiral knife.

Sale / Corrosive Product

SECTION 1 OFFENSIVE WEAPONS ACT 2019

DEFENCE

APPLICABILITY

Max penalty – 6 months' imprisonment and/or fine

Prove

  • Date and location
  • sold
  • a corrosive product
  • to a person who is under the age of 18

Element/s not proven

that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence

If a person (“the seller”) is charged with an offence under section 1, and the seller was not in the presence of the person (“the buyer”) to whom the product to which the charge relates was sold at the time of the sale the seller is not to be regarded as having proved that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence unless, as a minimum, they prove that, at the time the offence is alleged to have been committed the seller operated a system for checking that persons who bought corrosive products by the same or a similar method of purchase to that used by the buyer were not under the age of 18, and that system was likely to prevent persons under the age of 18 from buying corrosive products by that method AND that when the package containing the corrosive product was dispatched by the seller, it was clearly marked to indicate that it contained a corrosive product, and that, when finally delivered, it should only be delivered into the hands of a person aged 18 or over AND that the seller took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of a person aged 18 or over AND that the seller did not deliver the package, or arrange for its delivery, to a locker.

Note that “corrosive product” means a substance listed in the first column of Schedule 1, or a product which contains a substance listed in the first column of that Schedule in a concentration higher than the limit set out for that substance in the second column of that Schedule.

Table in Schedule 1 is set out below.

Schedule 1

Name of substance and Chemical Abstracts Registry Number (CAS RN) / Concentration limit (weight in weight)

Ammonium hydroxide (CAS RN 1336-21-6) 10% w/w

Formic acid (CAS RN 64-18-6) 10% w/w

Hydrochloric acid (CAS RN 7647-01-0) 10% w/w

Hydrofluoric acid (CAS RN 7664-39-3) 0% w/w

Nitric acid (CAS RN 7697-37-2) 3% w/w

Phosphoric acid (CAS RN 7664-38-2) 70% w/w

Sodium hydroxide (CAS RN 1310-73-2) 12% w/w

Sodium hypochlorite (CAS RN 7681-52-9) 10% w/w

Sulfuric acid (CAS RN 7664-93-9) 15% w/w

Sale / Corrosive Product / Seller Not Present at Time of Sale

SECTION 3 OFFENSIVE WEAPONS ACT 2019

DEFENCE

APPLICABILITY

Max penalty – 6 months' imprisonment and/or fine

Prove

  • date and location
  • seller and the buyer are not in each other's presence at the time of the sale
  • for the purposes of supplying the corrosive product to the buyer, the seller delivers the product, or arranges for its delivery, to residential premises OR
  • the seller delivers the product, or arranges for its delivery, to a locker

Element/s not proven

that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence

Note that “residential premises” means premises used solely for residential purposes.

Note that “locker” means a lockable container to which the corrosive product is delivered with a view to its collection by the buyer, or a person acting on behalf of the buyer, in accordance with arrangements made between the seller and the buyer.

Sale / Delivery of Corrosive Product

SECTION 4 OFFENSIVE WEAPONS ACT 2019

DEFENCE

APPLICABILITY

Max penalty – a fine

Prove

  • date and location
  • the seller sold a corrosive product to the buyer
  • the seller and the buyer were not in each other's presence at the time of the sale
  • the seller was outside the United Kingdom at that time
  • before the sale, the seller entered into an arrangement with a person who is a body corporate
  • body corporate agreed to deliver corrosive products for the seller
  • body corporate was aware when they entered into the arrangement that it covered the delivery of corrosive products
  • body corporate delivered the corrosive product pursuant to that arrangement,
  • body corporate did not deliver it into the hands of a person aged 18 or over.

Element/s not proven

that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

No revelant information in this cell of the table

Sale of Flick Knife etc. to Person Under 18 Years

SECTION 141A CRIMINAL JUSTICE ACT 1988

DEFENCE

APPLICABILITY

Max penalty – 6 months' imprisonment and/or fine

Prove

  • date and location
  • sold or let on hire
  • a knife, knife blade or razor blade, axe, sword; OR
  • and any other bladed or sharply pointed article made or adapted for use for causing injury to the person
  • to a person under eighteen years

Note - It is not an offence to sell or let on hire a knife or knife blade to a person if the person is aged 16 or over; and the knife or blade is designed for domestic use.

Element/s not proven

that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

that he believed the purchaser or hirer to be of or above the relevant age, and either he had taken reasonable steps to establish the purchaser or hirer's age, being that he was shown a passport, a UK driving licence, a European Union photocard driving licence, or such other document, or a document of such other description, as the Scottish Ministers may by order prescribe AND the document would have convinced a reasonable person, OR no reasonable person could have suspected from the purchaser or hirer's appearance that the purchaser or hirer was aged under the relevant age. “The relevant age” is, in the case where the article is a knife or knife blade designed for domestic use, 16 years, and in any other case, 18 years.

Applies to any knife, knife blade or razor blade, any axe, any sword; and any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person BUT it does not apply to any article described in section 1 of the Restriction of Offensive Weapons Act 1959 being any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the knife, sometimes known as a “flick knife” or “flick gun”; OR any knife which has a blade which opens automatically from the closed position to the fully opened position, OR from a partially opened position to the fully opened position, by manual pressure applied to a button, spring or other device in or attached to the knife, and which is sometimes known as a “flick knife” or “flick gun”; OR any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife or an order made under section 141(2) of this Act, or an order made by the Secretary of State under this section. It is not an offence to sell or let on hire a knife or knife blade to a person if the person is aged 16 or over; and the knife or blade is designed for domestic use.

Sale, Manufacture or Hire of Flick Knife or Gravity Knife

SECTION 1(1) RESTRICTION OF OFFENSIVE WEAPONS ACT 1959

DEFENCE

APPLICABILITY

Max penalty – 6 months' imprisonment and/or fine

Prove

  • date and location
  • sold, manufactured, or hired or offered for sale or hire OR
  • exposed or had in his possession for the purpose of sale or hire, or lent or gave to any other person
  • a flick knife or
  • a gravity knife

Element/s not proven

that the conduct was only for the purposes of making the knife available to a museum or gallery.

Applies to any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the knife, sometimes known as a “flick knife” or “flick gun”; or any knife which has a blade which opens automatically from the closed position to the fully opened position, or from a partially opened position to the fully opened position, by manual pressure applied to a button, spring or other device in or attached to the knife, and which is sometimes known as a “flick knife” or “flick gun”; or any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”.

Look After, Hide or Transport a Dangerous Weapon

SECTION 28 VIOLENT CRIME REDUCTION ACT 2006

DEFENCE

APPLICABILITY

E/W Max penalty – 4 years' imprisonment

Prove

  • date and location
  • that he used another to look after, hide or transport a dangerous weapon (as shown in the third column of this table) for him
  • that he did so under arrangements or in circ*mstances that facilitated, or were intended to facilitate, the weapon's being available to him for an unlawful purpose

Element/s not proven

Applies to a firearm other than an air weapon or a component part of, or accessory to, an air weapon; or a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (c 33) applies [See Criminal Justice Act 1988 (Offensive Weapons) Order 1988)] for description of the weapons it applies to as set out below: A knuckleduster, a swordstick, a handclaw, a belt buckle knife, a push dagger, a hollow kubotan, a footclaw, a shuriken aka a shaken or death star, a balisong aka a butterfly knife, a telescopic truncheon, a blowpipe aka a blow gun, a kusari gama, a kyoketsu shoge, a manrikigusari aka a kusari, a disguised knife, a stealth knife, a straight, side-handled or friction-lock truncheon aka a baton, a sword with a curved blade of 50 centimetres or over in length, a zombie knife aka a zombie killer knife or zombie slayer knife, a cyclone knife aka a spiral knife (specified offensive weapons, knives and bladed weapons).

Marketing a Knife

SECTION 1 KNIVES ACT 1997

DEFENCE

APPLICABILITY

E/W Max penalty – 2years' imprisonment

Prove

  • date and location
  • marketed a knife
  • in a way which indicates, or suggests, that it is suitable for combat
  • OR is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.

A person markets a knife if he sells or hires it; offers, or exposes, it for sale or hire; or has it in his possession for the purpose of sale or hire.

Element/s not proven

that the knife was marketed for use by the armed forces of any country; as an antique or curio; or as falling within such other category (if any) as may be prescribed; that it was reasonable for the knife to be marketed in that way; and there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose.

that he did not know or suspect, and had no reasonable grounds for suspecting, that the way in which the knife was marketed amounted to an indication or suggestion that the knife was suitable for combat; or was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.

that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

Note that “knife” means an instrument which has a blade or is sharply pointed; “marketing” and related expressions are to be read with section 1(4); “publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored; “suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury; “violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury.

SECTION 2 KNIVES ACT 1997

DEFENCE

APPLICABILITY

E/W Max penalty – 2years' imprisonment

Prove

  • date and location
  • he published written, pictorial or other material in connection with the marketing of any knife and
  • that material indicates, or suggests, that the knife is suitable for combat;
  • or is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon

Element/s not proven

that the knife was marketed for use by the armed forces of any country; as an antique or curio; or as falling within such other category (if any) as may be prescribed;that it was reasonable for the knife to be marketed in that way; and there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose.

that he did not know or suspect, and had no reasonable grounds for suspecting, that the material amounted to an indication or suggestion that the knife was suitable for combat; or was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

Note that “knife” means an instrument which has a blade or is sharply pointed; “marketing” and related expressions are to be read with section 1(4); “publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored; “suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury; “violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury. An indication or suggestion that a knife is suitable for combat may, in particular, be given or made by a name or description applied to the knife; on the knife or on any packaging in which it is contained; or included in any advertisem*nt which, expressly or by implication, relates to the knife.

Under 18 Years Purchase of a Crossbow

SECTION 2 CROSSBOWS ACT 1987

DEFENCE

APPLICABILITY

Max penalty – fine - level 3

Prove

  • date and location
  • under the age of eighteen
  • bought or hired
  • a crossbow or
  • a part of a crossbow

Element/s not proven

that the person is authorised to do so by the chief constable for the purpose of determining whether an offence is being committed under section 1. A chief constable may authorise a person under the age of 18 to buy or hire, or attempt to buy or hire, a crossbow or a part of a crossbow only if satisfied that all reasonable steps have been or will be taken to ensure the person's safety, and avoid any risk to the person's welfare.

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

Serious Violence Reduction Orders (SVRO) Made On Conviction (sections 342A – 342K Sentencing Act 2020) – Pilot in Merseyside, Sussex, Thames Valley and West Midlands

SECTION342A SENTENCING ACT 2020

DEFENCE

APPLICABILITY

The Prosecution, either at its own initiative or following a request from the police, can make an application to the Court in respect of a defendant aged 18 or over who has been convicted of a relevant offence.

A relevant offence is where the court is satisfied on the balance of probabilities that a bladed article or offensive weapon was used by or was with the offender when the offence was committed; or another person who committed the offence used or had with them a bladed article or offensive weapon in the commission of the offence and the offender knew or ought to have known that this would be the case.

SVROs can only be applied for in the pilot police force areas; however, the amendment to PACE Code A allowing the stop and search to take place is enforceable throughout England and Wales, therefore any officer may enforce the requirements and prohibitions imposed by the SVRO on the offender.

Accordingly, a breach of an SVRO can be committed and prosecuted anywhere in England and Wales.

More information can be found in the Offensive Weapons, Knives, Bladed and Pointed Articles prosecution guidance.

No relevant information in this cell of the table.

Defendant Conditions:

  1. Aged 18 or over; and
  2. Convicted of an offence committed on or after commencement date.

Offence Conditions:

  1. The court is satisfied on the balance of probabilities that a bladed article or offensive weapon was used by the offender in the commission of the offence, or the offender had a bladed article or offensive weapon with them when the offence was committed; or
  2. The court is satisfied on the balance of probabilities that a bladed article or offensive weapon was used by another person in the commission of the offence and the offender knew or ought to have known that this would be the case, or another person who committed the offence had a bladed article or offensive weapon with them when the offence was committed, and the offender knew or ought to have known that this would be the case.

Necessity Condition:
The court considers it necessary to make a SVRO in respect of the offender to:

  • protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon;
  • protect any particular members of the public in England and Wales (including the offender) from such risk; or
  • prevent the offender from committing an offence involving a bladed article or offensive weapon.

Note acourt can only make an SVRO in addition to dealing with the offender for the offence, but not if it makes an order for absolute discharge under in respect of the offence.

Offensive Weapons Table of Offences, Defences and Applicability (2024)

FAQs

What are the elements of offense possession of an offensive weapon? ›

To satisfy the charge, the prosecution must prove each of the following elements: has with him (possession); in any public place; any offensive weapon.

What is the criteria for an offensive weapon? ›

An offensive weapon is anything made or adapted to cause injury, or intended to be used as a weapon, including disguised weapons. Examples include: a baseball bat, hammer or any other heavy implement if it is intended to be used as a weapon. acid and other corrosive substances that are intended to be thrown at someone.

What are offensive and defensive weapons? ›

The key difference is that while defensive weapons are intended to protect, offensive weapons are designed to inflict damage. Offensive weapons can include: Illegal Firearms: Possession of firearms with the intent to commit a crime, such as robbery or assault, can lead to serious charges in Texas.

What is the burden of proof for offensive weapons? ›

The burden of proof is on the prosecution to prove, and make the Magistrates or Jury sure that: You knowingly had with you; In a public place; An offensive weapon and/or a bladed article.

What is the restriction of offensive weapons? ›

Section 1 of the Prevention of Crime Act 1953 and section 139 of the Criminal Justice Act 1988 respectively provide for offences of having an offensive weapon in a public place without lawful authority or reasonable excuse and having an article with blade or sharply pointed in a public place without lawful authority or ...

What is the difference between a blade article and an offensive weapon? ›

A bladed article becomes an offensive weapon where it is carried in public or used in a threatening way, and it is illegal to carry one except for in limited defendable circ*mstances such as for work or religious reasons – or self-defence if there is a provable immediate threat of violence.

What is a Section 46 offensive weapon? ›

46(2)(1A)(a) of Offensive Weapons Act 2019 sets out the following; “Any person who possesses a weapon, to which this section applies, in private is guilty of an offence and liable on summary conviction in England and Wales, to imprisonment to a term not exceeding 51 weeks, to a fine or to both.”

What is Section 44 of the Offensive Weapons Act? ›

44Prohibition on the possession of certain dangerous knives

“(1A)Any person who possesses any knife of a kind described in subsection (1) is guilty of an offence.

What is Section 43 of the Offensive Weapons Act? ›

43Amendments to the definition of “flick knife”

(ii)from a partially opened position to the fully opened position, by manual pressure applied to a button, spring or other device in or attached to the knife, and which is sometimes known as a “flick knife” or “flick gun”; or”.

Is a shotgun a defensive or offensive weapon? ›

The short answer to that question is yes. Shotguns can make effective self-defense weapons but before you swap out your target or upland loads for buckshot, there are some things that you need to consider. Let's look at the benefits and shortcomings of using hunting shotguns as personal defense weapons.

What is the difference between defensive and offensive? ›

Defensive can mean anxiously challenging of all criticism. Offensive can mean not just attacking someone or something, but belching, insulting people, or otherwise not respecting common standards of behavior.

Can a weapon be defensive? ›

Most weapons can be used for both offense and defense

First, at the tactical level where individual battles are fought, almost any weapon can be used either to attack or to defend.

What counts as an offensive weapon? ›

Almost any item can be considered to be an offensive weapon if the person carrying the item intends to use it to cause injury. Whether an item is an offensive weapon is a question of facts for a jury, based on the full facts of the case.

What is Section 49 of the Offensive Weapons Act? ›

s49(2) provides that this offence covers “any article which has a blade or is sharply pointed”. This is, deliberately, a very wide definition. Unlike s47, there is no requirement for the article to have been made or adapted for use as a weapon, or for intent to cause injury to be proven.

What is the failure of proof defense? ›

Failure of Proof – an individual's simplest defense in a criminal prosecution is to claim that the prosecution has not or cannot prove an element of the offense. Mistakes – in certain circ*mstances, an individual's mistake can be used as a defense.

What are the 3 basic components of an offense? ›

Elements of a Crime

In general, every crime involves three elements: first, the act or conduct (actus reus); second, the individual's mental state at the time of the act (mens rea); and third, the causation between the act and the effect (typically either proximate causation or but-for causation).

What are the elements of offense in Texas? ›

In general, a crime consists of four elements: a criminal act (actus reus), criminal intent (mens rea), concurrence, and causation. For someone to be convicted of a crime, there must be evidence proving the individual committed each element of said crime.

What is possession of offensive weapon section 33? ›

Section 33 makes it an offence for any person to have an offensive weapon with them in a public place without lawful authority or reasonable excuse. The objective of this offence is to prevent offensive weapons being brought into public places.

What is a material element of an offense? ›

According to the Model Penal Code, a material element of a crime is defined as “an element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or any other matter similarly unconnected with […] the harm or evil, incident to conduct, sought to be prevented by the law defining the offense ...

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